PAHAL SINGH Vs. COLLECTOR HARIDWAR AND ANOTHER

JUDGEMENT

(1.) Under para A-124 of Arrangement of Holdings contemplated under Chapter A-VIII, deals with the areas on which the provisions of Zamindari Abolition Act is applicable. Sub-clause-II, Clause-6, of para A-124 defines barren lands, which includes sites, roads, railways, buildings and other land put to non-agricultural use.

(2.) The petitioner contends that he is occupying an area of 0.029 hectares of land in khasra No. 129. He further contends that when he faced with the notice 49-Kha, issued under Rule 115-Ga, read with para 70, he filed his objection, contending thereof, that the proceedings could not have been initiated by invoking Section 122-B and same would be without jurisdiction, the reason being, that Section 122-B would only be applicable over the land which is vested in the Gaon Sabha by a notification issued under Section 117 of the Z.A. Act. It is no one's case before this court or before the Court below that the khasra No. 129 was ever vested by the notification in the Gaon Sabha issued under Section 117 of the ZA & LR Act. If that be so, then inception of the proceedings by issuance of notice 49-Ka under Section 122-B, would be a proceedings which is non est from the stage of its inception.

(3.) The contention of the petitioner is that once, according to the findings recorded in the impugned order dated 19th July, 2005, since once it has been observed that Gata No. 129 it is the entire village abadi land in khasra No. 129, then obviously, it goes out of the area vested with the Gaon Sabha. Hence, he contends that the findings recorded by the Assistant Collector, 1st Class, while affirming the notice 49- Ka and directing the eviction of the petitioner, is bad.